As used in this chapter, the following terms shall have the
meanings indicated:
A land use for which proof exists that the landowner:
A vehicle that does not bear a current license plate unless
said vehicle is stored within a completely enclosed building or unless
it is stored on a bona fide sales lot and is in satisfactory operating
condition.
Having a common border with or being separated from such
common border by an alley or easement.
A means of approach or entry to or exit from a lot, a site
or a parcel.
A structure on the same lot as the principal land use, detached
or attached, and is subordinate and customarily incidental to the
use of the principal land use.
Within proximity to or sharing a common boundary.
A business or entity that engages in one or more of the following
areas of sales, services or entertainment:
ADULT BATHHOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, during which specified anatomical areas are displayed or specified sexual activity occurs. This definition shall not apply to hydrotherapy treatment practiced by, or under the supervision of, a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.
ADULT BODY PAINTING, TATTOO AND BODY PIERCING PARLORAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.
ADULT VIDEO STORE/BOOKSTOREAny establishment which has as a substantial or significant portion of its stock-in-trade:
Books, films, videos, magazines or other periodicals, or other
forms of audio or visual representation which are distinguished or
characterized by an emphasis on depiction or description of specified
sexual activities or specified anatomical areas.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
ADULT CABARETA theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor, professional physical therapist, or massage therapist who is both nationally certified in the therapeutic massage by the National Certification Board for Therapeutic Massage and Bodywork, and who is a professional member with active status in good standing of the American Massage Therapy Association. This definition shall not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time, measured on an annual basis, is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any figure studio or school of art or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma.
ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with accommodations for less than an overnight stay.
ADULT MOTION-PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated, or electronically or mechanically controlled, still- or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT NEWSRACKAny machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
ADULT OUTCALL SERVICE ACTIVITYAny establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.
ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops operated by a medical practitioner, as defined in Subsection A, licensed by the commonwealth to engage in sexual therapy.
ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
Any other business or establishment which offers its patrons
services or entertainment characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
Any land mass which penetrates a transitional, horizontal,
or conical surface of an airport, airport approach, or airport overlay
as defined by regulations of the Federal Aviation Administration.
Any land use not specified in the Principal Land Use Table.
Any residential land use not specified in the Principal Land
Use Table.
A functional service way providing a secondary public means
of access to abutting lots.
Any change in a structure that increases or diminishes exterior
dimensions or modifies openings in the exterior walls.
A refinement to this chapter which includes revisions to
the zoning text and/or the Zoning District Map by resolution of the
Borough Council.
An establishment or business which provides, as a principal
use, amusement devices and/or games of skill or chance (e.g., pinball
machines, video games, skeeball, electronic or water firing ranges
and other similar devices). This definition does not include the use
of two or fewer such devices as an accessory use. This use shall not
include adult-related uses, as defined herein.
A business establishment operated by a veterinary medical
doctor(s), certified in the Commonwealth of Pennsylvania, for the
medical or surgical treatment of domestic, agricultural or zoological
animals.
A landowner and/or developer who has filed an application
for development, including his heirs, successors and assigns.
Every application, whether preliminary or final, required
to be filed and approved prior to the start of construction or development,
including but not limited to an application for zoning approval, for
the approval of a subdivision or land development, or for the approval
of a development plan. Every application for development must include
the form designated by the Zoning Officer, the appropriate site plan
and all other information required by this chapter.
The application for development for final approval of a planned
development to be submitted by a landowner and/or developer to the
Zoning Officer.
The application for development for tentative approval of
a planned development to be submitted by a landowner and/or developer
to the Zoning Officer.
The preliminary application for a development to be submitted
by a landowner and/or developer to the Borough.
The ultimate approval of a planned development by Borough
Council which follows tentative approval and filing of the final development
plan.
The visible, functional or ornamental objects accessory to
and part of a structure.
A business establishment engaged in the sale, loan, or display
of art books, paintings, sculpture, or other works of art and where
classes may or may not occur as an accessory use.
Any building or land devoted to the retail sales of motor
vehicles, including accessory service and repair facilities, if such
service and repair are conducted within a completely enclosed building
and/or the retail repair, servicing, maintenance and reconstruction
of motor vehicles, but not including car washes per se and/or a use
whereby motor vehicles are stored awaiting transport to a different
location.
A business establishment engaged in the production and/or
sale of baked goods, including, but not limited to, pastries, cakes
and breads.
A business licensed as such in which money is kept for saving
or commercial purposes, invested, supplied for loans or exchanged.
The space enclosed by the foundation or ground floor walls
of a building partly or wholly below the average level of the adjacent
ground. A basement shall not be counted as a story for purpose of
height measurements unless 1/2 or more of its height is above the
finished lot grade level.
A business which occupies a single-family dwelling where
limited overnight lodging and breakfast is provided for compensation
to guests and where said use may or may not also host accommodations
for private events (e.g., such as weddings and conferences). The dwelling
may or may not include a publicly accessible restaurant as a related
use. Overnight lodging occurs within individual sleeping rooms which
do not contain cooking facilities.
A bank of earth generally intended to screen activity on
a lot from activity on an adjacent lot(s) or vice versa or public
way.
Conservation practices or systems of practices and management
measures that:
Control soil loss and reduce water quality degradation caused
by nutrients, animal waste, toxins, and sediment;
Minimize adverse impacts to surface water and groundwater flow,
circulation patterns, and to the chemical, physical, and biological
characteristics of wetlands; and
Includes allowing proper use and storage of fertilizers/pesticides.
An area bounded by streets, rights-of-way, streams or other
similar natural features.
The contiguous facades of buildings along one side of a street
between two intersecting streets. A corner lot shall have two block
faces.
Any body granted jurisdiction under the Pennsylvania Municipalities
Planning Code or a land use ordinance which has the authority to render
final adjudications.
Borough of Marietta, Lancaster County, Pennsylvania.
The governing body of the Borough of Marietta, Lancaster
County, Pennsylvania.
The duly appointed Borough official designated to administer
the regulations, programs and services of the Borough of Marietta.
A line which may or may not follow a visible feature that
defines the limits of a geographic entity, such as a block, a block
numbering area, a census tract, a county, a municipality, a lot, a
zoning district, a property or a place.
A business establishment which provides on-site alcoholic
beverage sales for drinking on the premises, where food is served,
where live entertainment (not including adult entertainment) may also
be provided, and where minors are not admitted unless accompanied
by a parent or guardian.
A facility that brews ales, beers, meads, and/or similar
beverages or distills alcohol on-site.
An area of land, together with trees, grass, ground cover,
shrubs, bushes, or other natural landscaping material, walls, berms
or fences thereon, located between different land uses to minimize
potential conflicts between them.
That percentage of the lot area covered by the buildings.
In determining building coverage, cornices, eaves and gutters shall
be excluded.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
following points:
A solar photovoltaic system that is constructed as an integral
part of a principal or accessory building or structure and where the
building-integrated system features maintain a uniform profile or
surface of vertical walls, window openings, and roofing. Such a system
is used in lieu of a separate mechanical device, replacing or substituting
for an architectural or structural component of the building or structure
that appends or interrupts the uniform surfaces of walls, window openings
and roofing. A building-integrated system may occur within vertical
facades, replacing view glass, spandrel glass or other facade material;
into semitransparent skylight systems; into roofing systems, replacing
traditional roofing materials; or other building or structure envelope
systems.
The longest dimension of a building, measured to the outside
walls at ground level.
A line parallel to and a distance from the lot lines in accordance
with the requirements of this chapter.
A line parallel to the front lot line, a distance from the
front lot line in accordance with the front yard or setback requirements
of this chapter.
A line parallel to the rear lot line at a distance from the
rear lot line in accordance with the rear yard or setback requirements
of this chapter.
A line parallel to the side lot line in accordance with the
side yard or setback requirements of this chapter.
The location of any goods, wares, merchandise, commodities,
junk, debris, or any other item outside of a completely enclosed building
for a continuous period longer than 24 hours. A building, structure
or lot where processed wood timbers and products are stored for bulk
and retail sale. The term "lumberyard" does not include the sawing,
shaving, chipping, stripping or otherwise processing of logs and wood
timbers.
A document issued by the Borough which allows construction
to proceed.
A detached, subordinate building, the use of which is clearly
incidental to the principal structure or use of the lot.
A lawfully existing building or other structure which contains
a conforming use, but which does not comply with the applicable lot
size requirements, impervious surface coverage limitations, off-street
parking requirements or other requirements related to the characteristics
of the structure or its location on the lot which may be continued
so long as it remains otherwise lawful.
The building housing the principal use of the lot on which
it is located.
A multifamily facility for health care and/or the transitional
residency of senior and/or persons in need of such health care, providing
for a progression of residential living types such as from independent
living in single-family units to assisted and/or congregate living
and culminating in a full health and continuing care nursing home
facility where any portion of the facility may include common dining
and recreation areas and which provides supportive services, not primarily
medical in nature, to facility residents for activities of daily living.
A care facility/senior living center may include a licensed adult
day-care program; such facility shall comply with all applicable federal,
state and local laws, ordinances and regulations relating to housing
for the elderly. This term shall not include a group facility.
A permanent roofed structure permanently open on at least
two sides, designed for or occupied by private motor vehicles.
The smallest basic solar electric device which generates
electricity when exposed to light.
Land used or intended to be used for the burial of the deceased,
including columbarium's, crematoria, mausoleums, and mortuaries when
operated in conjunction with the cemetery and within the boundaries
thereof.
The mounting of one or more WCFs, including antenna, on an
existing tower-based WCF, or on any structure that already supports
at least one nontower WCF.
A combination of recreation-related services and/or activities,
including but not limited to a restaurant, entertainment, campground
area, storage and outfitter operations geared toward recreation customer
use and attraction.
A school that may offer a wide range of educational or instructional
activities (excluding vocational-mechanical trade schools as defined
below) that may or may not be operated as a gainful business by some
person or organization other than the public school district. Examples
include, but are not limited to, ballet, karate, painting, photography,
computer training, and dance schools.
A civic-run establishment generally intended for use by all
ages that provides recreation or entertainment.
The Official Comprehensive Plan of the Borough of Marietta, as amended from time to time, adopted pursuant to the provisions of Article III of the Pennsylvania Municipalities Planning Code.
See "use, conditional."
The construction, reconstruction, renovation, repair, extension,
expansion, structural alteration or relocation of a structure, including
the placement of mobile homes.
Having a common boundary or abutting.
See "care facility (senior/care living)."
A business which specializes in the retail sales and/or rental
of household products and foods. Convenience stores may also include
any of the following, provided that each use has obtained the necessary
respective approvals, and it operates as an accessory use to the convenience
store:
Retail sales or rental of books, magazines, videos, software,
and video games, provided that adult-related uses are expressly prohibited;
Restaurants, including drive-through or fast-food operations, subject to the requirements of § 370-402 of this chapter, and provided that restrooms are made available to the public;
Accessory amusement devices with no more than two such devices;
Automatic bank teller machines;
Film development drop-off sites;
Laundry, dry cleaning and tailoring dropoff sites;
Lottery sales counters and machines;
Propane fuel sales with no larger than twenty-pound tanks, which
must be stored outside of the building at all times;
Dispensing of motor vehicle fuels, oils, compressed air, kerosene,
washer fluid, and other motor-vehicle-related items, subject to the
requirements of this chapter;
Car washes, subject to the requirements of this chapter; and
Post offices and other parcel delivery drop-off sites.
A small store that stocks a range of everyday items, such
as groceries, snack foods, candy, toiletries, soft drinks, tobacco
products, and newspapers.
The Borough Council of the Borough of Marietta.
Lancaster County, Pennsylvania.
See "school/academy" and/or "museum."
Any premises that is licensed by the Pennsylvania Department
of Welfare as a day-care center, where care is provided for any number
of adults, who are not relatives of the operator, at any one time
for part of a twenty-four-hour day.
A business establishment that is licensed by the Pennsylvania
Department of Welfare as a day-care center, where care is provided
for 12 or more children under 16 years of age for less than 24 hours
per day.
A day-care facility that is operated as an accessory use
to a single-family dwelling, that is registered by the Commonwealth
of Pennsylvania, and offers care and supervision to no more than four
persons during any calendar day.
Diameter at breast height.
A unit for measuring the relative intensity of sounds based
on an expressed a ratio of two amounts of acoustic signal power equal
to 10 times the common logarithm of this ratio.
The measurement of compactness of residential development
as to the number of dwelling units per one acre or 43,560 square feet.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who proposes, makes, or causes to be
made a subdivision of land or land development.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any buildings; any use or change in use
of any buildings or land; or extension of any use of land, for which
permission may be required pursuant to this chapter.
The provisions for development, including a planned development,
a plat of subdivision, all covenants relating to use, location and
bulk of buildings and other structures, intensity of use or density
of development, streets, ways and parking facilities, common open
space and public facilities.
A development plan which has been submitted for final approval
of a planned development to the Council.
The written and graphic material describing provisions for
development of a planned development, including a plan; the name of
the planned development; all covenants relating to use, location,
size, height and bulk of buildings and other structures; intensity
of use or site density; parking areas; location and size of common
areas; and uses submitted for tentative approval.
"Handicapped" as defined according to the Fair Housing Act
Amendments of 1988, 42 U.S.C. § 3602(h), and any amendments
thereto.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
Grading, excavation, construction and similar activities
that have occurred or may occur on a lot.
A system of man-made structures designed to collect, convey,
hold, divert, or discharge stormwater.
An establishment accommodating the patron's automobile from
which the occupants may receive a service or in which products purchased
from the establishment may be consumed.
An improved cartway serving no more than two single-family
dwelling units where said cartway is designed and constructed to provide
vehicular movement between a public road and tract of land.
A container that temporarily stores rubbish or materials
to later be dumped into a sanitation truck.
A structure that surrounds a dumpster in order to prevent
visibility of the dumpster.
Authorization by a lot owner of the use by another and for
a specified purpose of any designated part of his lot.
Notice given by the Borough through the internet of the time
and place of a public hearing and the particular nature of the matter
to be considered at the hearing.
An institution or organization providing medical services
for emergency-related events to the general public.
An individual licensed and registered to engage in the practice
of engineering. A professional engineer may not practice land surveying
unless licensed as set forth in P.L. 534, No. 230; however, a professional
engineer may perform engineering land surveys.
A licensed and registered professional engineer in Pennsylvania
designated by the Borough to perform the duties of engineer as herein
specified.
Anything built, constructed, reconstructed or moved on or
upon any lot.
The erection, construction, alteration or maintenance of
underground or overhead gas, electrical, steam or water transmission
or distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduit cables, fire alarm boxes, police call boxes, traffic
signals, hydrants, street signs, cable television or other telecommunications
transmission lines provided by public or private entities, and other
similar equipment and accessories in connection therewith, reasonably
necessary for the furnishing of adequate service by such public utilities
or municipal or other governmental agencies or for the public health
or safety or general welfare, but not including buildings. Communication
towers shall not be considered essential services for the purposes
of this chapter.
The exterior walls of a building that can be seen by the
public.
An individual, or two or more persons related by blood, marriage,
or adoption or foster child care, including domestic servants or gratuitous
guests thereof; or a group of not more than three unrelated persons
living together without supervision in a dwelling unit or not more
than five persons living together in a group living arrangements with
supervision, provided that the group living arrangements meets all
of the following criteria:
It provides nonroutine support services, including supervision,
personal care, social or counseling services and transportation, to
persons who need such assistance in order to use and enjoy a dwelling
or to avoid being placed within an institution because of a physical
disability, old age, mental disability, or other handicap or disability
as defined by the Fair Housing Act and the Americans with Disabilities
Act.
It provides for the joint occupancy of a dwelling unit where
the residents maintain a common household and practice, on a permanent
or long-term basis, a joint economic, social and cultural life.
It does not involve the housing of persons on a nonpermanent
basis.
It does not involve the housing or treatment of persons accepted
for residence in the group living arrangement on the basis of their
status as criminal offenders, juvenile offenders or delinquents, or
who would otherwise qualify for residence by virtue of having been
found by any governmental tribunal, court agency to be a danger to
society or are on release or under the jurisdiction of the criminal
justice system, a government bureau of correction or similar institution.
"Family" shall not include persons living together in a group
care facility, group care home, boardinghouse, personal care home,
as defined herein, or any other supervised group living arrangement
for persons not protected by the Fair Housing Act or the Americans
with Disabilities Act or any persons who constitute a direct threat
to others or their physical lot.
Federal Communications Commission.
An artificially constructed barrier of specified material
or combination of materials erected to enclose or screen areas of
land or portions of buildings or structures. A fence is considered
an accessory structure.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, transported, or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. "Fill"
also can refer to the difference in elevation between a point on the
original ground and a designated point of higher elevation on the
final grade.
Drawings submitted for final approval of a planned development.
Any establishment, excluding a licensed banking, where the
principal business is the receipt, disbursement, or exchange of funds
and currencies, such as savings, loans, credit unions or check cashing
establishments.
Any establishment, excluding a licensed banking, where the
principal business is the receipt, disbursement, or exchange of funds
and currencies such as savings, loans, credit unions or check cashing
establishments, and which does not provide a drive-through.
The sum of the gross horizontal areas of all of the floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas but including the area of roofed porches
and roofed terraces. All dimensions shall be measured between exterior
faces of walls.
A restaurant geared toward consumption of food and drink
on-site with table service as the primary manner in which food is
ordered and/or where consumed.
A restaurant that generally serves prepared food typically
ordered at a counter and generally packaged in paper wrappers and/or
disposable plates and containers. Such food can be consumed either
on or off of the site.
Unit used to measure the amount of light falling on a surface
at a point on a surface which is one foot from, and perpendicular
to, a source of illumination that produces one uniform candela.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes which does not involve any land development.
The portion of a lot between the facade and the lot line
that fronts the thoroughfare or a civic open space or the privately
held portion between the facade of a building and the lot line.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any retail sales of motor
vehicle accessories, which shall not include major repairing, body
and fender work, painting, vehicular sales, nor rental or automatic
car washes.
A use which prepares the remains of deceased humans for burial
and cremation. This use may also conduct funeral services.
A building or structure or part thereof, used or intended
to be used for the parking and storage of motor vehicles.
Any well drilled, to be drilled, or used for the intended
or actual production of gas and/or oil.
The Borough Council of the Borough of Marietta, Lancaster
County, Pennsylvania.
A facility owned, operated, or controlled by a governmental
agency (federal, state, or local, including a corporation created
by law for the performance of certain specialized governmental functions).
The elevation of the center line of the streets, as officially
established by the Borough.
The proposed or completed elevations of the land surface,
including the surfaces of lawns, walks, and roads brought to grades
as shown on official plans or designs relating thereto.
A business establishment that sells produce, dry goods, meats,
baked goods, dairy items, frozen foods and/or the like. The term "green
grocery store" includes corner stores, food stores, dairies, delicatessens,
but does not include convenience stores.
The floor of a building nearest in elevation to the exterior
grade at the front of the building.
A solar photovoltaic system mounted on a structure, pole
or series of poles constructed specifically to support the photovoltaic
system and not attached to any other structure.
A facility licensed and/or approved by the Pennsylvania Department
of Public Welfare that provides shelter, counseling, and other rehabilitative
services in a family-like environment for more than nine but fewer
than 15 residents, plus such minimum supervisory personnel as may
be required to meet standards of the licensing agency. Residents may
not be legally related to the facility operators or supervisors and,
by reason of mental or physical disability, chemical or alcohol dependency,
family or school adjustment problems, or past correctional offenses
require a minimal level of supervision but do not require medical
or nursing care or general supervision. A group care facility must
be licensed and/or approved by the Pennsylvania Department of Public
Welfare.
A facility licensed by the Pennsylvania Department of Public
Welfare which houses six to nine residents and provides twenty-four-hour
supervision and rehabilitation services for developmentally disabled
individuals (mental disability, autism, cerebral palsy, epilepsy or
other similar conditions).
The area of a building for living, sleeping, eating or cooking
and comfort facilities.
A business establishment conducted entirely for the primary
purpose of selling small-scale tools for use in construction, building
and/or lot improvement.
An establishment that offers active recreational and/or fitness
activities only to club members and their guests. Such facilities
do not include golf courses, non-adult-related uses, as defined herein.
The conversion of a designated historic residence for residential
or nonresidential uses.
A structure or portion of land that displays significant
cultural, aesthetic or historical markers of noteworthy past periods
in the Borough.
A business or commercial activity carried on entirely within
a building whose principal use is a single-family dwelling whose impacts
exceed those of a no-impact home-based business. The business or commercial
activity must satisfy the requirements of the identified provisions
of this chapter.
A business establishment inclusive of a building or portion
thereof designed or used for transient rental for sleeping purposes.
All room access is through interior hallways or courtyards. Individual
rooms may contain kitchen and dining rooms. Accessory shops and services
catering to the general public can be provided. The structure may
include a restaurant as an accessory use. Kitchens not located in
rented rooms shall not accessible to occupants. Supervision is provided
in shifts by on-site management.
Equipment used to heat, cool or ventilate a structure.
Pavement designed to prevent percolation or infiltration
of stormwater through the surface into the soil below where the water
is naturally filtered and pollutants are removed.
Any material that prevents, impedes, or slows infiltration
or absorption of stormwater directly into the ground at the rate of
absorption of vegetation-bearing soils, including building, asphalt,
concrete, gravel and other surfaces.
The portion of the lot area covered by impervious surfaces;
impervious surface coverage shall be measured as a percentage of the
total lot area. The use of pervious/porous materials that are utilized
in order to promote the infiltration of water into the ground shall
not be considered impervious surface coverage under the Zoning Ordinance.
However, the use of such pervious/porous materials shall be subject
to the requirements of the Borough's Stormwater Management Ordinance[1] and the establishment of recorded legal document(s) that
establish(es) the maintenance and long-term performance of the materials
in order to ensure the intended function as pervious/porous coverage.
Those physical additions, installations, and changes required
to render land suitable for the use intended, including but not limited
to grading, swales, detention/retention basins, paving, curbing, streetlights
and street signs, fire hydrants, water mains, electric service, gas
service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways,
culverts, and street shade trees.
A type of recreational use that is used principally for indoor
active or passive recreation, such as a bowling alley, roller skating,
ice skating, commercial batting practice use, and similar uses.
A lot or portion of a lot used by a craftsman, general contractor
or builder where equipment and materials are stored or where a contractor
performs craft, shop or assembly work, but does not include a construction
site or any establishment otherwise defined or classified herein.
A business establishment that produces finished products
or parts, predominantly from previously prepared materials, including
processing, fabrication, assembly, treatment, packaging, incidental
storage, sales and distribution of such products, but excluding basic
industrial processing.
See "maintenance/storage/service yard" and "lumberyard."
Development of vacant or remnant lands within an existing
neighborhood.
Any motor vehicle, trailer, or semitrailer that is inoperable
and which, by virtue of its condition, cannot be economically restored
to operable condition.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used. One thousand kW is equal to one megawatt (MW).
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land development in accordance with Section
503(1.1) of the Pennsylvania's Municipalities Planning Code[2] and the Borough Subdivision and Land Development Code.
The legal or beneficial owner or owners of a lot, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any conditions), a lessee (if he
is authorized under the lease to exercise the rights of the landowner)
or other persons having a proprietary interest in the lot.
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of landscape
architecture.
The modification of the landscape for an aesthetic or functional
purpose. It includes the preservation of existing vegetation and the
continued maintenance thereof together with grading and installation
of minor structures and appurtenances.
A facility where patrons wash, dry, or dry clean clothing
or other fabrics in machines operated by the patron.
A building certified under the Leadership in Energy and Environmental
Design (LEED) program of the United States Green Building Council
that meets LEED standards for either new construction and major renovation
projects or core and shell projects.
An on- or off-street area for the temporary parking of a
commercial vehicle while loading or unloading merchandise or materials.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law, not including any part of
a public right-of-way, and to be used, developed or built upon as
a unit. A site or parcel may include more than one lot, but a lot
cannot include more than one site.
The total area of a lot measured on a horizontal plane bounded
by the front, side and rear lot lines of the lot.
The mean horizontal distance between the front lot line and
the rear lot line measured within the lot boundaries.
A line that bounds a lot.
That lot line which extends along a private or public street.
That lot line which is most distant from and is most nearly
parallel to the front lot line, except for corner lots and three-sided
lots, which have no rear lot line.
The lot line which is not a front lot line or rear lot line.
The distance between the side lot lines measured along the
front building line of the lot.
That lot area in which the principal structure may be located
and which is bounded by the front, rear and side building lines of
the lot.
A lot situated at and abutting the intersection of two or
more streets. A corner lot has neither a rear yard nor a rear lot
line.
A lot other than a corner lot with only one frontage on a
street.
A lot consisting entirely of a tract of land that:
Has less than the prescribed minimum lot size, width, depth,
or any combination thereof, for the zoning district in which it is
located.
Is shown by a recorded plat or deed to have been owned separately
and individually from adjoining tracts of land at a time when the
creation of a lot of such size, width, depth, or any combination thereof
at such location would not have been prohibited by any zoning ordinance.
Has remained in separate and individual ownership from adjoining
tracts of land continuously during the entire time that the creation
of such lot has been prohibited by the applicable zoning ordinance.
A double frontage lot, the front lot line and rear lot lines
of which abut streets, alleys or ways.
A building, structure or lot where processed wood timbers
and products are stored for bulk and retail sale. The term "lumberyard"
does not include the sawing, shaving, chipping, stripping or otherwise
processing of logs and wood timbers.
Notice given by a municipality by first class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
An area of land used for the storage of materials, supplies,
etc.
A street that predominantly serves through traffic.
The development of a lot or tract of land, equal to or greater
than one acre in size, that contains several types of residential
dwellings within the development boundaries, such as multifamily dwellings
and single-family dwellings.
A lot or building on or in which various land uses, such
as office, commercial, institutional and/or residential are combined
with nonresidential at street level and residential or nonresidential
on upper floor(s).
Any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Mobile homes placed in parks shall meet the requirements for mobile home parks listed in § 370-302A(3) of this chapter. Mobile homes placed on individual lots shall be considered "dwellings," and be bound by the requirements there imposed. For the purposes of § 370-302A(3) of this chapter, any travel trailer, as defined herein, that is contained on the same parcel for more than 180 days in any calendar year shall be considered a mobile home.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel or contiguous parcels of land which have been so
designated and improved to contain two or more mobile home lots for
the placement thereon of mobile homes.
A building and lot are occupied by more than one family.
A new construction or redevelopment of an existing freestanding
building containing two dwelling units for two families, arranged
in a side-by-side or over-and-under configuration.
The conversion of a designated historic residence for multifamily
residential use.
A building containing between three and eight dwelling units,
arranged in a side-by-side configuration with two or more common party
walls.
A building containing three or more dwelling units, at least
one of which must be located above or below the remaining units.
A way designed for and used by a variety of equestrians,
pedestrians, and cyclists using nonmotorized bicycles.
A business establishment or institution primarily engaged
in creating, acquiring, studying, interpreting and/or exhibiting items
for public instruction and enjoyment.
An agreement with a local electric utility that allows customers
to receive a credit for surplus electricity generated by certain renewable
energy systems.
A use, whether of land or of structure, which does not comply
with the applicable use provisions of this Zoning Ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for personal enjoyment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions of this
Zoning Ordinance heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of such ordinance or amendment
or prior to the application of such ordinance or amendment to its
location by reason of annexation. Such nonconforming structures include,
but are not limited to, nonconforming signs.
Any literature, book, magazine, pamphlet, newspaper, story
paper, paper, comic book, writing, drawing, photograph, figure, image,
motion picture, sound recording, article, instrument, or any other
written, visual media or printed matter which depicts or describes
in a patently offensive manner sexual conduct, sexual excitement or
sadomasochistic abuse or (in the case of articles or instruments)
is designed or intended for use in achieving artificial sexual stimulation;
and taken as a whole, appeals to the prurient interest; and taken
as a whole, does not have serious literary, artistic, political or
scientific value.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this chapter.
The physical possession upon, on or within any lot or structure
for a use.
The written authorization issued by the Borough of Marietta's
Zoning Officer for use of land or buildings.
As defined herein, office shall be limited to the following:
BUSINESS OFFICEA business establishment which generally operates on a first-come, first-served basis and which has relatively high pedestrian or customer traffic throughout the entire year, including utility payments, etc.
PROFESSIONAL OFFICEA business establishment which generally serves clients and operates on an appointment basis, with relatively low pedestrian or vehicular traffic, including offices of accountants, architects, attorneys, consultants, designers, engineers, insurance agents, medical professionals, realtors, financial advisors and the like.
MEDICAL/VETERINARY OFFICEA use where at least one licensed or professionally certified medical professional provides diagnostic health, medical, surgical, psychological and/or psychiatric services and/or treatment, diagnosis and treatment to the general public or animals without overnight accommodation and may include uses such as reception areas, waiting areas, consultation rooms, x-ray and minor operating rooms and a dispensary, provided that all such uses have access only from the interior of the building or structure.
Any sign, billboard, statuary or poster that directs attention
to a business, commodity, service or entertainment not exclusively
related to the premises where such sign is located or to which it
is affixed.
An accessory use for sit-down food service establishments
which allows live instrumental, vocal, or oratory artistic entertainment
on the lot. Outdoor entertainment does not include any entertainment
related to adult-oriented subjects or materials.
A lot or portion of land specifically defined or set aside
for use by and for active and/or passive recreational uses; and includes
all landscaping, facilities and apparatus, playing fields, utilities,
buildings and other structures that are consistent with the general
purposes of parkland.
The location of any goods, wares, merchandise, commodities,
junk, debris, or any other item outside of a completely enclosed building
for a continuous period longer than 24 hours.
A freestanding vessel or pit in which a contained outdoor
fire is made.
The person or persons having the right of legal title to,
beneficial interest in or a contractual right to purchase a lot or
parcel.
Any designated piece or tract of land located in the Borough
established by a plat or otherwise as permitted by law.
An accessory structure whose primary purpose is to provide
sheltered parking space(s) for motor vehicles for the residents of
the principal structure on the lot.
Any facility that is provided by the public sector for the
purposes of providing access to parking spaces on the parcel.
A privately held parking lot, including parking aisles and
access drives that provide access to parking spaces, but excluding
any streets that provide access to the parking lot.
A principal use provided by the public sector for the purposes
of providing access to parking spaces on the parcel.
A portion of a lot devoted to the off-street parking of private
vehicles of the residents of said lot.
An area wholly outside any public right-of-way, constructed
to accommodate the storage of a vehicle as required by this chapter
and which is connected to a public street by a driveway.
An area wholly within a public street right-of-way constructed
to accommodate the storage of a vehicle as required by this chapter.
A portion of a lot that provides parking spaces for the residents
of said lot.
A site or portion of a site devoted to the off-street parking
of vehicles, including parking spaces, aisles, access drives, and
landscaped areas, and providing vehicular access to a public street.
A vertical divider or partition between adjoining structures
owned in common or in severalty or by one owner alone and providing
mutual rights of support for the respective adjacent buildings or
structures.
A paved, raised and/or level area adjacent to or near a building
that is typically used for dining or recreation.
Development which is designed with a primary emphasis on
the street sidewalk and on pedestrian access to the site and building,
rather than on vehicle access and parking areas.
A fenced in area for animals where said fencing is primarily
for the purpose of containment not for the protection from weather
events.
The Pennsylvania Municipalities Planning Code, Act 247, as
amended,[3] which is an act that empowers municipalities to plan their
growth and development as well as to govern the same by zoning, subdivision
and land development ordinances, and by official maps; to promote
conservation of energy; to establish Planning Commissions [Agencies],
Planning Departments and Zoning Hearing Boards.
A criterion established to control noise, odor, smoke, toxic
or noxious matter, vibration, fire and explosive hazards, glare, heat
or solid waste generated by or inherent in uses of land or buildings.
An authorized use, which, upon an application for development,
may be granted in accordance with the provisions of this chapter.
An individual(s), partnership(s), copartnership(s), association(s),
corporation(s), limited liability company(ies), limited liability
partnership(s), and any and all other entities.
A business establishment providing domestic commodities and
services pertaining to the person, their apparel or personal effects,
including, but not limited to, shoe repair, tailoring, clothes cleaning,
watch repairing, barbershops, beauty parlors, massage therapy establishments
and related activities.
Any material/surface that allows water to pass through at
a rate equal to or greater than natural ground cover.
Any animal that is tame or domesticated and not normally
found in the wild state. Hybrids of animals normally found in the
wild state are not included within the meaning of domestic pets and
livestock.
A business establishment substantially devoted to the sale
of sundries and pharmaceutical items, supplies and equipment, such
as prescription drugs.
A semiconductor-based device that converts light directly
into electricity.
A building and/or lot that is designed for the assembly or
collection of persons, for civic, political, religious, educational,
or social purposes, and where recreation, amusement, or dining may
occur as accessory activities. A place of assembly does not include
a private club.
A building use and/or lot where people regularly observe,
practice, or participate in religious or spiritual services, meeting
and/or activities.
A survey of a lot upon which is shown the location of existing
and/or proposed structures; existing contours and proposed grading;
location and dimensions of yards; proposals for the disposition of
sanitary waste and stormwater; indications of zoning compliance; name
of applicant and landowner and/or developer; area location map; dates
of preparation and revisions; and evidence of preparation by a registered
architect, landscape architect or engineer.
The Borough Planning Commission of the Borough of Marietta.
The map or plan of a subdivision or land development, whether
preliminary or final.
The final map of the land development or subdivision that
is submitted for community approval and which, if approved, is filed
with the County Recorder of Deeds.
A preliminary map of the proposed land development or subdivision
that is submitted for Borough consideration.
A covered area adjoining an entrance to a building and usually
having a separate roof.
Belonging to or concerning an individual person, company
or interest independent from federal, state or local government agency.
An accessory use which is attached to or an integral part
of a residential building or dwelling unit or an accessory structure
used for the storage of motor vehicles and other personal property
owned and used by the residents of the residential building or dwelling
unit and in which no occupation, business or service for profit is
carried on. A private garage may be used for the storage of not more
than one commercial vehicle owned or used by the landowner and/or
developer or tenant of the residential building or dwelling unit and
for the storage of not more than three private noncommercial vehicles
owned or used by persons other than the landowner and/or developer
or tenant of the residential building or dwelling unit.
A business enterprise that provides services by any professional,
including, but not limited to, attorney, accountants, actuaries, financial
planners, insurance agents, medical occupations, engineer, surveyor,
architect, landscape architect, planner or similar type, etc., entitled
to practice under the laws of the Commonwealth of Pennsylvania.
Owned, operated or controlled by a government agency, federal,
state or local.
A formal meeting held pursuant to public notice by the Borough
Council or the Planning Commission, intended to inform and obtain
public comment prior to taking action in accordance with this chapter.
All streets, walkways, gutters, curbs, sewers, waterlines
and other utilities or related facilities to be dedicated to or maintained
by the public.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[4]
A notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the public hearing and the particular
nature of the matter to be considered at the public hearing. The first
publication shall be not more than 30 days or less than seven days
from the date of the public hearing.
A building, structure, lot or portion of a lot which under
public franchise or other lawful relationship provides the public
with transmission and communications services, electric distribution
or other similar facilities or services.
A public or private right-of-way on which tracks for trains
are constructed.
A stormwater BMP consisting of an excavated shallow surface
depression planted with specially selected native vegetation to treat
and capture runoff and underlain by a sand or, if needed, gravel infiltration
bed.
A business establishment generally intended for use by all
ages that provides recreation or entertainment, including but not
limited to swimming pools, dance halls, bowling alleys, billiard and
pool halls, video and other coin-operated game parlors, miniature
golf courses, indoor rifle range and indoor archery range.
COMMERCIALA said establishment typically owned by a private-sector entity(ies).
NOT-FOR-PROFIT PRIVATEA said establishment typically owned by a not-for-profit entity(ies).
PUBLICA said establishment owned and/or operated by a Borough entity or representative of the Borough.
The act of improving by renewing and restoring; the act or
process of rehabilitating or rejuvenating a blighted area or accommodating
new development within the context of existing streets and buildings.
Structures listed either individually or within a listed
district on the National Register of Historic Places or by the Pennsylvania
Historic and Museum Commission.
The act of removing an existing building/structure and constructing
a new building/structure.
An establishment which carries on investigation in the natural,
physical or social sciences or engineering and development as an extension
of such investigation with the objective of creating end products
and which may include the initial manufacturing of developed product
as an accessory use.
A business establishment whose principal business is the
sale of food and/or beverages to customers in a ready-to-consume state
and whose principal method of operation includes one or both of the
following characteristics: customers, normally provided with an individual
menu, are served their foods and beverages by a restaurant employee
at the same table or counter at which food and beverages are consumed;
or a cafeteria-type operation where food and beverages generally are
consumed within the restaurant building.
A business, 2,000 gross square feet or more in area, whose
primary activities involve the display and retail sales and/or rental
of goods and products. This term shall not include adult-related facilities
as defined herein.
A business whose primary activities involve the display and
retail sales and/or rental of goods and products related solely to
recreational activities. Additionally, services may extend to include
the repair of recreational activity equipment, such as bike repair.
A business, less than 2,000 gross square feet, whose primary
activities involve the display and retail sales and/or rental of goods
and products. This term shall not include adult-related facilities
as defined herein.
That portion of land dedicated to public use for street or
utility purposes.
The Susquehanna River.
The top ridge of the roof or the top of the parapet, whichever
forms the top line of the building silhouette.
An institution providing full-time instruction and including
accessory facilities traditionally associated with a program of study
which meets the requirements of the laws of the Commonwealth of Pennsylvania.
Places of worship, places of assembly, schools, and other
similar institutions of an educational, religious, charitable or philanthropic
nature.
The minimum distance from a lot line required by the ordinance
where a building or structure may be built.
The line extending the full width of the lot and situated
at the minimum dimension defined from a front lot line.
The line extending the full width of the lot and situated
at the minimum dimension defined from a rear lot line.
An accessory structure used primarily for storage purposes
on the same lot as the principal structure.
The line extending the full width of the lot and situated
at the minimum dimension defined from a side lot line.
Any letter, word, model, banner, flag, device, structure,
representation or device for visual communication that is used for
the purpose of bringing the subject thereof to the attention of the
public, including the following types:
ADA SIGNAny sign needed for a facility or building to achieve compliance with the requirements of the Americans with Disabilities Act.
BULLETIN BOARDA nonelectronic structure constructed with flat face(s), used for posting notices.
CANOPYAny rigid structure, made of cloth, metal or other materials, with the frame attached to a building and generally supported by the ground, extending over areas intended for pedestrian traffic, and the structure is primarily for purposes of shelter rather than advertising.
DIRECTIONAL SIGNA sign directing traffic but bearing no advertising matter.
FLAGA piece of cloth or bunting varying in size, color and design, used as a symbol, sign, signal, emblem or advertisement.
GROUND (MONUMENT) SIGNAny sign supported by uprights or braces placed upon the ground and not attached to any building or structure, having no more than two faces.
HOME OCCUPATION SIGNA sign permitted in association with an occupation conducted on the premises within a dwelling unit occupied by the operator of the business.
ILLUMINATED SIGNAny sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign proper.
MARQUEEAny permanent roof-like structure extending from the wall of a building, but not supported by the ground, constructed of durable material, such as metal or glass, extending over areas intended for pedestrian and/or vehicular traffic, and the structure is primarily for purposes of shelter rather than advertising.
POLE/PYLON SIGNA freestanding sign erected on a lot on a pole or pylon, the bottom edge of which is high enough to provide visibility for motorists and allow for safe pedestrian circulation underneath it.
A freestanding residential use containing one dwelling unit
for one family. Mobile homes can be considered single-family detached
dwellings if, in addition to the requirements listed for all dwellings,
the mobile home is securely anchored to the permanent foundation,
and all of the apparatuses used to transport the unit shall be removed,
including the towing hitch. Recreational vehicles shall not be construed
as dwellings. Modular homes can be considered single-family detached
dwellings, so long as they comply with the general requirements for
a dwelling.
A parcel of land located in the Borough, established by a
plat or otherwise as permitted by law, which is the subject of an
application for development. A site may include more than one lot.
The total area of the lot or lots comprising a site.
A plan prepared by a registered surveyor, engineer, landscape
architect or architect for a use authorized by right which contains
the following:
Name of applicant and landowner and/or developer;
Name of development, if any;
Evidence of preparation by a licensed architect, landscape architect
or engineer: graphic and written scale, North arrow;
Dates of preparation and revision of site plan;
A site location map;
A site plan drawn to no greater than 100-foot scale upon which
is delineated and clearly identified the location, extent and area
in acres, if applicable, of the following: lot lines for the site
and adjacent parcels;
Site area;
Proposed buffer yards;
Location and dimensions of existing and proposed public and
private roads, streets, driveways, walks and paths;
Existing and proposed structures with proposed site density
and approximate height of structures indicated for each proposed type
of structure and use;
Proposed location and dimensions of all yards and open spaces;
existing contours and proposed grading plan;
General proposals for the disposition of stormwater runoff;
and
Proposals for the disposition of sanitary wastes and the provision
of water supplies;
All applicable areas or uses regulated or mandated by this chapter,
including but not limited to off-street parking, exterior lighting,
signs and outdoor storage.
An organization catering exclusively to members and their
guests, or premises or buildings for social, recreational and administrative
purposes which are not conducted for profit, provided there are not
conducted any vending stands, merchandising or commercial activities
except as required for the membership of such club. Clubs shall include,
but not be limited to, service and political organizations, labor
unions, as well as social and athletic clubs. Private clubs shall
not include adult-related uses, as defined herein.
Items including a solar photovoltaic cell, panel or array,
lines, mounting brackets, framing and foundations used for or intended
to be used for collection of solar energy.
A solar collection system consisting of one or more building-
and/or ground-mounted systems, solar photovoltaic cells, panels or
arrays and solar-related equipment that rely upon solar radiation
as an energy source for collection, inversion, storage and distribution
of solar energy for electricity generation. A solar PV system is a
generation system with a nameplate capacity of not greater than 50
kilowatts if installed at a residential service or not larger than
3,000 kilowatts at other customer service locations and do not produce
excess on-site energy greater than currently permitted by Pennsylvania
Public Utility Commission guidelines.
Structural/architectural element that provides protection
from weather that includes awnings, canopies, porches or sunshades
and that is constructed with the primary covering consisting of solar
PV modules, and may or may not include additional solar-PV-related
equipment.
A business establishment which employs cosmetologists and/or
therapists licensed as such by Pennsylvania. Food service, retail
and health/beauty-related consultation/application may also be provided
as additional services.
A small staircase ending in a platform and leading to the
entrance of a building.
The collecting, conveyance, channeling, holding, retaining,
detaining, infiltrating, diverting, treating, or filtering of surface
water, groundwater, and/or runoff, together with applicable managerial
(nonstructural) measures.
A street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct and any other ways, whether public or private,
used or intended to be used by vehicular traffic or pedestrians.
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of the other
streets upon which the lot abuts, at the midpoint of the frontage
of the lot thereon. If there is no officially established grade, the
existing grade of the street at such midpoint shall be taken as the
street grade.
The right-of-way line of a street.
A general reference as to how and where the parts of buildings
that face the street line up to define the perceived boundaries of
public and private space.
The distance between street lines measured at right angles
to the center line of the street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A business establishment used by an artist, photographer,
or artisan or used for radio or television broadcasting.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
A rectangular, one-to-two-story, usually gable-roofed structure
that is closely related to the main house, commonly as a wing or semidetached,
and that is used as a kitchen in warm weather.
A precise legal description of a lot and the graphic delineation
of precise lot boundaries, lot dimensions and areas; all easements
and public and private rights-of-way; and North point and graphic
scale affecting the lot, prepared by a professional land surveyor
licensed and registered in the Commonwealth of Pennsylvania. The survey
shall be on sheets of 24 inches by 36 inches.
Any body of water or receptacle for water having a depth
at any point greater than two feet or a surface area greater than
250 square feet, used or intended to be used for swimming and constructed,
installed or maintained outside any building.
A building or structure operated as a not-for-profit or business
establishment, inside a completely enclosed building devoted to showing
pictures and/or live dramatic or musical performances. A theater may
contain an auditorium in addition to other performance-related facilities.
Adult theaters are excluded from this definition.
Any ground-mounted pole, spire, structure, or combination
thereof, including supporting lines, cables, wires, braces, or masts,
intended primarily for the purpose of mounting a communications antenna
or similar apparatus above ground.
Any tower not otherwise defined as a communication tower.
A number of photovoltaic modules mounted such that they track
the movement of the sun across the sky to maximize energy production,
either with a single-axis or dual-axis mechanism.
The degree to which something is transparent.
The condition/state of being clear, unobstructed by signage,
interior graphic elements, reflective coating, translucent or textured
finish, racking or any type of fixed furniture that can be seen through
from both the interior and exterior of the structure.
Any lot or portion of a lot which has not been graded, improved
or prepared for the construction of a building, structure or improvement.
Area not within a building and not in a defined setback or
yard area.
An activity, business or purpose for which any lot or structure
is utilized.
An authorized use which, upon an application for development,
may be granted by the Zoning Officer in accordance with the provisions
of this chapter.
A use customarily incidental and subordinate to the principal
use of the lot.
Any principal use or accessory use allowed by this chapter
as a permitted use by right, conditional use, use by planned development
or use by special exception.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or an amendment
hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment.
The main purpose or activity for which a lot is used or for
which a structure or part of a structure or lot is used.
A use requiring utilities, established for more than seven
but fewer than 100 consecutive days with the intent to discontinue
upon the expiration of a specified time period.
A constructed solid barrier of concrete, stone, brick, tile,
wood, or similar type of material that closes, marks, or borders a
field, yard, or lot, and that limits visibility and restricts the
flow of air and light.
A building used primarily for the storage of goods and materials
awaiting sale on another lot or location. Incidental sales may occur
on the lot.
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1
et seq.).
Wireless communications facility.
A business establishment primarily engaged in selling merchandise,
dry goods and food stuffs to retailers, institutional, commercial
or professional business customers or other wholesalers, not to the
general public. The activities may include the merchandise warehousing
and distribution.
A required open space unoccupied and unobstructed by any
principal structure or portion of a principal structure; however,
accessory structures, parking areas and driveways are permitted in
yards in accordance with the requirements of this chapter.
FRONT YARDA yard extending across the full lot width and abutting the front lot line. The required minimum depth measurement of the front yard shall be the horizontal distance between the front lot line and a line parallel thereto at a distance from the front lot line in accordance with the yard requirements set forth in each zoning district in this chapter.
REAR YARDA yard extending between the side yards of the lot and abutting the rear lot line. The required minimum depth measurement of the rear yard shall be the horizontal distance between the rear lot line and a line parallel thereto at a distance from the rear lot line in accordance with the yard requirements set forth for each zoning district in this chapter.
SIDE YARDA yard abutting a side lot line, extending between the rear line of the front yard and the rear lot line. The required minimum width measurement of the side yard shall be the horizontal distance between the side lot line and a line parallel thereto at a distance from the side lot line in accordance with the yard requirements set forth for each zoning district in this chapter.
Approval under the provisions of this chapter certifying
that an application for development or application for occupancy permit
has fulfilled the requirements of this chapter.
A geographical area with boundaries that includes surface
areas as indicated on the Zoning Map.
A board appointed by the Borough Council to examine appeals
for relief from strict conformance with the application of this chapter,
to consider special exceptions and to hear testimony regarding the
validity of any regulations upon development in the Borough and to
perform those other functions which this chapter directs it to perform.
The map of the Borough that indicates the zoning districts
and other relevant information thereon and shall be a part of this
chapter by reference.
The administrative officer appointed by the Borough Council
who shall administer and enforce the provisions of this chapter in
accordance with its literal terms. The Zoning Officer shall have all
the powers and be subject to all the provisions set forth in the MPC
with respect to zoning officers.
Regulations to be applied over and above the zoning district
regulations otherwise applicable to a lot, as enabled by the Pennsylvania
Municipalities Planning Code.
